Potential exclusion of SEN child (ADHD) help

[Schoolhelp2025]

My child is currently going through as ADHD assessment and the expectation is the final meeting next week is a formality. Its a private assessment. Behaviour is an issue. The school have advised there is a suspension trigger of 15 days per term and anything above that goes to the governors for review to formally exclude. I am petrified of formal exclusion and the fall out. My question is, the term seems to be the full school year and not Autumn, Spring and Summer. He had had two suspensions over two of those terms and I had thought it was a fresh start but the second they have advised its all covered over the school year. I can only find term referred to but not the definition. Does anyone know the policy? There is a lot going on and it’s isolating so I am trying to get my head around it all.

I'm so sorry to read this, please look on IPSEA, CORAM

https://www.barnardossendiass.org.uk/media/oszlvoav/exclusions_-_bury.pdf

https://www.autism.org.uk/advice-and-guidance/topics/education/exclusions/exclusion-england/unlawful-and-unofficial-exclusion

You can see the statutory suspension and permanent exclusion guidance here. I think the school is somewhat confused.

All suspensions and permanent exclusions must be formal. Informal ones are unlawful.

A pupil can only be suspended for a maximum of 45 days over an academic year.

There are certain things that mean the governors must meet whether the parents request it or not. One of those is if the total number of days a pupil is suspended for in a term (the normal definition) is over 15, the governors must meet to consider the suspension. This isn’t about turning a suspension into a permanent exclusion, though!

Oh god I will read these guidelines but I am so confused as the governor meeting made it sound like they could conclude to exclude him and I feel this 15 day is a real trigger for worse consequences. They’ve said that 15 days in a term (which they say is a full school year) and above triggers the governor review. He has 1.5 days. At the first suspension they wanted to redirect him to another school and advised I had no legal rights it was their decision. Then I went in again and they agreed a support plan which was working. He wouldn’t cope well being uprooted. He returned today after 2 days off as he was hit by a car on Monday night crossing a road. Massively traumatic week, he’s physically ok just bumps. He wanted to return today and it was a short day and he messed up and swore at a teacher after not being allowed to do something. I am really scared of it all. I will be requesting a ECHP plan but not sure what help we could get and does this protect him a bit more from decisions and processes? Any help and knowledge is massively appreciate I am worn out by it.

The governors meeting to consider the suspension, does that mean they review whats happened and can change anything? I don’t understand why they have put so much focus on it. A governors meeting might nit be a bad thing to review triggers and support in place? The new timetable is showing improvements and I pushed for it so surely that shows a specific support plan helps?

It seems to say the governors meet to decide if the reinstate or not so this suggests to me that it could have a bigger consequence. Also all it refers to is term but no definition if it’s a full school year or not.

Being suspended for more than 15 days in a term, not school year, means the governors must meet to consider the suspension. For example, this means they could decide to reinstate the pupil though. That does not mean they can convert the suspension into a permanent exclusion, though. They can’t. In exceptional circumstances the school can issue a permanent exclusion to follow on from a suspension but not just because a pupil has reached 15 days suspension in a term.

they wanted to redirect him to another school and advised I had no legal rights it was their decision.

If the meant a managed move, that can only happen with your agreement. If, however, they meant, directing DS off-site, they can do that.

An EHCP will open the gate to more support, thus reducing the situations leading to suspensions. It can also open the gate to move placements.

Ok thank you I feel better about the governors meeting if we got to that stage. Yes off site direction for a fixed period, they advised it might open to door to a managed move which we have to agree too. They have confirmed in writing the 15 day term is school year. His first suspension was December, second today so I thought as of January we were in a different ‘term’ but in the phone they said this takes him to 13.5 days so 1.5 away from it being a governors review. Its how they put a lot of focus on the review that has concerned me.

The school is wrong. If the statutory guidance meant academic year rather than term, it would say year as it does for the limit over an academic year being 45 days.

Try not to worry about the governors meeting to consider the suspension. It doesn’t have to be seen as a negative. You could have requested they consider the suspensions before now anyway because they must consider them in other situations and one of those is if the pupil is suspended for more than 5 days in a term and you make representations.

Thanks. Do you know anything about what the objective is if the governors review and potential outcomes? I’m worried it could be worse. I gave my head a wobble and thought maybe the meeting and us going isn’t a bad thing, we get to advocate for him and perhaps they will recommend some measures. But the SLT I am dealing with and who are good have built it up to be a bad thing. I cannot find much online but they have said term as in year. So if thats what they are adopting I just need to try and understand what potential paths we are on and facing.

When the governors consider the suspension, it isn’t about judging whether the suspension should be turned into a permanent exclusion. That cannot happen. Only in exceptional circumstances can the school issue a permanent exclusion to follow on from a suspension, but not just because a pupil has reached 15 days in a term. It is about making sure the suspension is lawful and the rules have been followed. It looks at if the pupil should be reinstated. Have a read of part 7 in the statutory guidance I linked to.

Thanks. I had a look through that and appreciate you inputting. I suppose I just have to wait it out. I wonder if they will comment on the 15 days and term definition, thats the grey area but I suppose the school will do what they think it means and I’m trying to work with them. Its just very isolating trying to navigate all this and whilst I’ll be lead by the school in a certain way I need to sense check. The next hill is the ECHP and they have directed me to the council document so I’m not sure for ADHD what type of support can be sought outside of school and usual outcomes of ECHP

There’s no grey area. The 15 days is over a term, not a year, as per the statutory guidance.

EHCPs are based on needs, not diagnosis. The provision included in them can be whatever DC reasonably require. Some examples of what an EHCP could provide include 1:1 support, proper movement breaks, OT, sensory equipment, ADHD coaching/mentoring, mental health therapies, technology and assistive technology… It can also open the gates to other placements.

You can request an EHCNA using IPSEA’s model letter. You don’t have to use the LA’s form.

Wow thank you, you’ve been amazing. I think the grey area I mention is the legal definition if a term and if schools class a term are the 3 they have or school year. On the basis mine are saying school year do you think its worth raising this with them? If the governors meeting isn’t a bad thing perhaps I let it lie.

I would let the school know you know the rules, but I wouldn’t get hung up on the governors considering the suspension because I would have made representations and asked for a meeting.

Ok but I am not sure what representations I am making for what outcome? I agree with the suspension I’m not challenging that. If there is a governors meeting opened to me as a parent I will attend but outside of them deciding to uphold the suspension or not I am unsure what the objective is. School have spooked me with it.

I would have made written representations and requested a meeting to challenge the suspensions. See this page about making representations.

The school needs to make more reasonable adjustments, including to the behaviour policy, and put more support in place, including requesting an EHCNA. Both of which are clearly needed. The suspensions obviously aren’t working.

I could still challenge the second one. The first one no. He swore at a teacher and said something personal but was very upset. I’m doing the meeting with them on Wednesday and want to understand more about the steps to that point and any learnings they have taken we could put in a plan. I really don’t want to fight the school, it’s exhausting but I’m trying to work through what I push and don’t push.

"Headteachers should take account of triggers that could impact on your child’s behaviour. These might include:

• changes of teacher or timetable that they hadn’t been prepared for
• sensory differences
• difficulties understanding the rules of social communication
• bullying.

Any of these might lead to a build-up of frustration, stress and anxiety that could result in distressed behaviour, sometimes referred to as a ‘meltdown’.

A recent ruling makes clear for the first time that all schools must make sure they’ve made appropriate reasonable adjustments for autistic children, or those with other disabilities, before they can resort to exclusion.

Previously, a loophole in the Equality Act meant schools didn’t have to make reasonable adjustments for disabled children when they had a 'tendency to physical abuse of others', even when that behaviour was caused by a lack of appropriate support.

However, this loophole has been closed. This means children can’t be excluded for behaviour that’s linked to being autistic, if the right support wasn’t in place.

Therefore, allowances should be made for autistic pupils’ behaviour and schools will need to make reasonable adjustments (positive steps, changes in practice, policies and strategies) so pupils can fully participate in the education and other aspects of school life.

• A suspension is unlikely to be justified if the school hasn’t made reasonable adjustments for that pupil.

The Equality Act also requires schools to make reasonable adjustments, for pupils with disabilities, to both the exclusions process and to the disciplinary sanctions imposed (paragraph 53, Department for Education (DfE) Suspension and permanent exclusion guidance, 2022). This might mean trying alternatives to exclusion so that an autistic pupil is not at a substantial disadvantage compared to other pupils."

https://autism.org.uk/advice-and-guidance/topics/education/exclusions/exclusion-england/suspension

I will be challenging the suspension. We are currently battling this too, with a child with an EHCP that is being ignored and includes bullying towards my kid.

I’m going to challenge. I think my ask is they review the triggers and also plans. They have been good after the first suspension and I do feel me going to the governors might impact the relationship but also, he lasted one gour in school. He went to reception to ask then to pick me up. When challenged he used bad language and wouldn’t sit where they wanted him to and picked a chair in the corridor. The other thing is they have sent no work to him either, feels like washing their hands of him to be honest.

@77summers do you think these guideline's would be taken into account for ADHD too? Some interesting info there. The headteacher was involved asking him to go into the SLT office and he choose to sit outside so on the call I got which was shirt they said he isn’t following headteachers instructions. I cannot condone the language used but it’s more about the triggers leading up to I want to understand.

We are challeging this ourselves at the moment and my kid is ADHD/ASD and schiool has not and is not providing the support in the EHCP.

I would also be looking this: https://assets.publishing.service.gov.uk/media/66be0d92c32366481ca4918a/Suspensionsandpermanentexclusionsguidance.pdf

Around page 15 onwards.

Also this site has lots of information: https://childlawadvice.org.uk/information-pages/school-exclusion/

Guidance is clear - is a student is suspended for more than 15 days in a term, governors must meet to consider if the decisions to suspend were appropriate. It is entirely a backup to ensure that the school are acting properly when they suspend students that much in a term. If a student is suspended between 5 and 15 days, parents have the right to request that governors meet to review the suspensions but they do not otherwise have to.

The school are wrong if they think this should be based on the school year. I would refer them to the guidance - and am surprised that their governing body hasn't pointed this out themselves. As a chair of governors, I certainly would!

With regard to the suspensions, I would actually challenge. If you think they are suspending him for actions that are due to the school not having appropriate adjustments in place, they need to have that pointed out to them!

I would also ask for a meeting with the Sendco to point out that whatever they have in place is clearly not working if he is getting suspended.

I have the suspension letter now. 3 days. No work set so far on google classroom and the letter advises it will be, along with a suspension reflection sheet we need to complete but isn’t attached. He was in school for an hour that day. He left class and went to reception to ask them to call me and pick him up as he was overwhelmed. He has time out cards but apparently they challenged him to walking in the corridors on crutches as they hadn’t performed a health and safety assessment, note on this it was arranged for 8.30am to see h&s, turned out they weren’t there that day. I did leave him there as was comfortable he could weight bear, had a friend to accompany him to classes and timeout cards and was finishing at 1.30. He had just returned from a serious car accident and wanted to get back into a routine. The suspension reasons are ‘aggressive behaviour and defiance’ he would go into a room they wanted him to and sat in the corridor instead used bad language that was personal against a teacher. I cannot condone the latter obviously, I know this cane from frustration.
I would like to make a representation to the governors. He is on the sen register.

Can anyone help me with the points and if I am missing anything or any adjustments, they are:

-suspension related to a disability my child has (he has no formal diagnosis yet but is on their SEN register noted as potential ASD diagnosis)
-in his pupil passport it states ‘avoid confrontation and allow him the time and space to make good decisions’ I don’t believe this was implemented and he was confronted
-what is the expectation of the suspension, no work has been set and how do the school see this is driving a better outcome and providing an education
-reasonable adjustments are reviewed, including the application of the behaviour policy to ensure it drives an improvement
an EHCNA is jointly completed by parent and school
-changes to his timetable caused distress (he was due to do PE and asked to watch as he is on crutches hut they asked he sit alone in a room to do 100 minutes of maths)

I also want to highlight he is potentially suffering PTSD. Yes as a parent maybe he should of stayed off but the doctors advised if he felt physically and mentally prepared to do his usual routines he should do.

In the school letter it advises ‘the governing body have no power to direct reinstatement, they must consider any representations you make and may place a copy of their findings on your child's record’

So ultimately this is the headteachers decision who was their at the time of the language. My best shot is ensuring the broader picture is in place for him and noted by the governors.

Thanks in advance for any input. I’m in new territory with this and whilst the school have recently been better I need to ensure I’m advocating and its wearing me down.

Also in the passport is:

allow processing time

my view is it was all highly charged. The call I got was he isn’t listening to headteacher’s instructions. I’m just waiting for a call back from the teacher I’ve been working with (named on the letter) to understand more if the incident factually.

the letter does say if I feel it relates to a disability I can appeal. Obviously his behaviour is poor but they also commented when he has reflection time he is polite.

Lastly school are aware after the previous suspension I privately arranged a ASD assessment and counselling so positive steps to address. Do I mention this?

Anyone free to input some thoughts please?